Waller

Waller v. Rogers

Good Law
United States District Court, Northern District of CaliforniaAugust 11, 20233:23-cv-00808California1,335 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DANIELLE WALLER, et al., Case No. 23-cv-00808-VC

Plaintiffs,

ORDER GRANTING MOTIONS TO

v. DISMISS

PAMELA ROGERS, et al., Re: Dkt. Nos. 15, 31 Defendants.

The motions to dismiss are granted. The complaint is dismissed, without leave to amend, for lack of subject matter jurisdiction. Even if there were subject matter jurisdiction, the claims complaint would be dismissed because of issue preclusion. This ruling assumes the reader is familiar with the facts, the applicable legal standard, and the arguments made by the parties. Claims against the charities. There is no subject matter jurisdiction over the claims against the charities. To give the plaintiffs what they seek, this Court would have to declare that certain assets distributed from the Spouse Trust actually belong to the plaintiffs. It would have to make the charities return that money. And, along the way, it would have to hold that the probate court’s contrary decision was wrong. All of this asks too much of a district court. For one thing, federal courts may not administer estates. Goncalves v. Rady Children’s…

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